alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-10783

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

GODOFREDO MARTINEZ-LUVIANOS,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 5:14-CR-16-1

Before JOLLY, GRAVES, and COSTA, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Godofredo 

Martinez-Luvianos has moved for leave to withdraw and has filed a brief in 

accordance with Anders v. California, 386 U.S. 738 (1967), and United States 

v. Flores, 632 F.3d 229 (5th Cir. 2011). Martinez-Luvianos has not filed a 

response, has completed the confinement portion of his sentence, and has been 

removed from the United States. We have reviewed counsel’s brief and the 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

August 18, 2015

Lyle W. Cayce

Clerk

 Case: 14-10783 Document: 00513158328 Page: 1 Date Filed: 08/18/2015
No. 14-10783

2

relevant portions of the record reflected therein. We concur with counsel’s 

assessment that the appeal presents no nonfrivolous issue for appellate review. 

Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is 

excused from further responsibilities herein, and the APPEAL IS DISMISSED

in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot, see United States 

v. Rosenbaum-Alanis, 483 F.3d 381, 382-83 (5th Cir. 2007).

 Case: 14-10783 Document: 00513158328 Page: 2 Date Filed: 08/18/2015
EXHIBIT 99.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     In  connection  with the  Quarterly  Report on Form 10-Q of WNC Housing Tax
Credit VI, L.P., Series 8 (the "Partnership") for the period ended September 30,
2002 as filed with the  Securities  and Exchange  Commission  on the date hereof
(the "Report"),  and pursuant to 18 U.S.C., section 1350, as adopted pursuant to
section  906 of the  Sarbanes-Oxley  Act of 2002,  I,  Wilfred N.  Cooper,  Jr.,
President and Chief Executive Officer of WNC & Associates, Inc., general partner
of the Partnership, hereby certify that:

1.   The Report fully complies with the  requirements  of section 13(a) or 15(d)
     of the Securities Exchange Act of 1934; and

2.   The information  contained in the Report fairly  presents,  in all material
     respects,   the  financial  condition  and  result  of  operations  of  the
     Partnership.




/s/WILFRED N. COOPER, JR.
-------------------------
Wilfred N. Cooper, Jr.
President and Chief Executive Officer of WNC & Associates, Inc.
December 9, 2002



                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     In  connection  with the  Quarterly  Report on Form 10-Q of WNC Housing Tax
Credit VI, L.P., Series 8 (the "Partnership") for the period ended September 30,
2002 as filed with the  Securities  and Exchange  Commission  on the date hereof
(the "Report"),  and pursuant to 18 U.S.C., section 1350, as adopted pursuant to
section  906 of the  Sarbanes-Oxley  Act of  2002,  I,  Thomas  J.  Riha,  Chief
Financial  Officer of WNC &  Associates,  Inc.,  general  partner of the general
partner, hereby certify that:

1.   The Report fully complies with the  requirements  of section 13(a) or 15(d)
     of the Securities Exchange Act of 1934; and

2.   The information  contained in the Report fairly  presents,  in all material
     respects,   the  financial  condition  and  result  of  operations  of  the
     Partnership.




/s/THOMAS J. RIHA
-----------------
Thomas J. Riha
Chief Financial Officer of WNC & Associates, Inc.
December 9, 2002
I

103D CONGRESS

2D SESSION H. R. 5020

To amend the Internal Revenue Code of 1986 to permit penalty-free

withdrawals by unemployed individuals from certain retirement plans.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 23, 1994

Mr. LAZIO introduced the following bill; which was referred to the Committee

on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to permit

penalty-free withdrawals by unemployed individuals from

certain retirement plans.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DISTRIBUTIONS FROM CERTAIN PLANS MAY BE

4 USED WITHOUT PENALTY DURING PERIODS

5 OF UNEMPLOYMENT.

6 (a) IN GENERAL.—Paragraph (2) of section 72(t) of

7 the Internal Revenue Code of 1986 (relating to exceptions

8 to 10-percent additional tax on early distributions from

9 qualified retirement plans) is amended by adding at the

10 end the following new subparagraph:
2

•HR 5020 IH

1 ‘‘(D) DISTRIBUTIONS FROM CERTAIN

2 PLANS DURING PERIODS OF UNEMPLOYMENT.—

3 Distributions to an individual from an individ4 ual retirement plan, or from amounts attrib5 utable to employer contributions made pursuant

6 to elective deferrals described in subparagraph

7 (A) or (C) of section 402(g)(3) or section

8 501(c)(18)(D)(iii), during a period—

9 ‘‘(i) for which such individual is re10 ceiving unemployment compensation (as

11 defined in section 85(b)), or

12 ‘‘(ii) for which such individual would

13 have been entitled to receive unemployment

14 compensation (as so defined) but for—

15 ‘‘(I) the termination of the period

16 during which such compensation was

17 payable, or

18 ‘‘(II) an exhaustion of such indi19 vidual’s rights to such compensation.

20 The preceding sentence shall apply only to the

21 extent that the amount of the distributions dur22 ing any period do not exceed the reasonable liv23 ing expenses of the taxpayer for such period.’’

24 (b) CONFORMING AMENDMENTS.—
3

•HR 5020 IH

1 (1) Subparagraph (B) of section 72(t)(2) of

2 such Code is amended by striking ‘‘or (C)’’ and in3 serting ‘‘, (C) or (D)’’.

4 (2) Section 401(k)(2)(B)(i) of such Code is

5 amended by striking ‘‘or’’ at the end of subclause

6 (III), by striking ‘‘and’’ at the end of subclause (IV)

7 and inserting ‘‘or’’, and by inserting after subclause

8 (IV) the following new subclause:

9 ‘‘(V) the date on which a period

10 referred to in section 72(t)(2)(D) be11 gins, and’’.

12 (3) Section 403(b)(11) of such Code is amend13 ed by striking ‘‘or’’ at the end of subparagraph (A),

14 by striking the period at the end of subparagraph

15 (B) and inserting ‘‘, or’’, and by inserting after sub16 paragraph (B) the following new subparagraph:

17 ‘‘(C) for distributions to which 72(t)(2)(D)

18 applies.’’

19 (c) EFFECTIVE DATE.—The amendments made by

20 this section shall apply to payments and distributions after

21 the date of the enactment of this Act.

Æ
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

                    Notice is hereby given of a change in the meeting of the Center for Scientific Review Special Emphasis Panel, October 2, 2006, 2 p.m. to October 2, 2006, 5 p.m. National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 which was published in the                     **Federal Register**                     on September 7, 2006, 71 FR 52809-52810.                

The meeting will be held October 19, 2006. The meeting time and location remain the same. The meeting is closed to the public.

Dated: September 14, 2006.

Anna Snouffer,

Acting Director, Office of Federal Advisory Committee Policy.

[FR Doc. 06-8091 Filed 9-21-06; 8:45 am]

BILLING CODE 4140-01-M
#### § 82.5 Definitions.

As used in this part, terms shall have the meanings ascribed in this section.

(a) *Act* means the Marine Mammal Protection Act of 1972, [16 U.S.C. 1361-1407](https://www.govinfo.gov/link/uscode/16/1361).

(b) *Cooperative Agreement* means the properly signed documentation, including the Application for Federal Assistance, which describes the project goals, the time schedule for achieving them, the estimated expenses to be incurred and the terms and conditions under which the research will be conducted, the totality of which constitutes the legally binding instrument between the Secretary and the grantee.

(c) *Grantee* means

(1) any private person or entity, or

(2) any officer, employee, agent, department, or instrumentality of the Federal Government, or any state or political subdivision thereof or any foreign government, participating in a cooperative agreement with the Secretary.

(d) *Marine Mammal* means any specimen of the following species, whether alive or dead, or any part thereof, including but not limited to, any raw, dressed, or dyed fur or skin:

| Scientific name | Common name |
| --- | --- |
| *Ursus maritimus* | Polar bear. |
| *Enhydra lutris* | Sea Otter. |
| *Odobenus rosmarus* | Walrus. |
| *Dugong dugong* | Dugong. |
| *Trichechus inunquis* | West Indian manatee. |
| *Trichechus manatus* | West African manatee. |
| *Trichechus senegalensis* | Amazonian manatee. |
| | |
| --- | --- |
| **Note:** Common names given may be at variance with local usage; they are not required to be provided by the Act, and they have no legal significance. | |

(e) *Non-Federal interest* means any organization, association, institution, business, school, individual or group of individuals, state agency, municipality, or others outside the Federal Government which desires to participate within the terms of the Act.

(f) *Project* means any program for which an Application for Federal Assistance and a cooperative agreement have been approved and which provides for research in subjects which are relevant to the protection and conservation of marine mammals.

(g) *Secretary* means the Secretary of the Interior or his delegated representative.

(h) *State* means the several states, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, the possessions of the United States, and the Trust Territory of the Pacific Islands.

(i) *State agency* means any department(s), commission(s), or officials(s), of a state empowered under its laws to administer the state program for marine mammals.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

###### Internal Revenue Service 

# AGENCY:

Internal Revenue Service (IRS), Treasury. 

# ACTION:

Notice. 

# SUMMARY:

An open meeting of the Wage & Investment Reducing Taxpayer Burden (Notices) Issue Committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service. 

# DATES:

The meeting will be held Thursday, October 5, 2006 from 11 a. m. ET. 

# FOR FURTHER INFORMATION CONTACT:

Sallie Chavez at 1-888-912-1227, or 954-423-7979. 

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Wage & Investment Reducing Taxpayer Burden (Notices) Issue Committee of the Taxpayer Advocacy Panel will be held Thursday, October 5, 2006, from 11 a.m. ET via a telephone conference call. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 954-423-7979, or write Sallie Chavez, TAP Office, 1000 South Pine Island Road, Suite 340, Plantation, FL 33324. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Sallie Chavez. Ms. Chavez can be reached at 1-888-912-1227 or 954-423-7979, or post comments to the Web site:                     *http://www.improveirs.org*.                 

The agenda will include: Various IRS issues. 

Dated: September 8, 2006. 

John Fay, 

Acting Director, Taxpayer Advocacy Panel. 

[FR Doc. 06-7852 Filed 9-20-06; 8:45 am] 

BILLING CODE 4830-01-P
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

EDGAR LEE STANHOPE

, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 18

- 2759

[ October 24, 2019 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm

Beach County ; Glenn D. Kelley , Judge; L.T. Case No.

502016CF000977AXXXMB

.

Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant

Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Allan R. Geesey,

Assistant Att orney General, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed.

L EVINE

, C.J., C ONNER and K UNTZ , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
§ 401.6 Prosecution of work. ( a ) Project work shall be carried through to a state of completion acceptable to the Secretary with reasonable promptness. Failure to render satisfactory performance reports or failure to complete the project to the satisfaction of the Secretary shall be cause for suspension of Federal assistance for the project until the project provisions are satisfactorily met. Federal assistance may be terminated upon determination by the Secretary that satisfactory progress has not been maintained. The Secretary shall have the right to inspect and review work at any time.
( b ) Research and development work shall be continuously coordinated by the Cooperator with studies conducted by others to avoid unnecessary duplication.
( c ) All work shall be performed in accordance with applicable local laws, except when in conflict with Federal laws or regulations, in which case Federal laws or regulations shall prevail.
Exhibit 31 - 2
                                 CERTIFICATIONS

I, Thomas J. Riha, certify that:

1. I have reviewed this quarterly  report on Form 10-Q of WNC HOUSING TAX CREDIT
   FUND VI, L.P., Series 7;

2. Based on my  knowledge,  this  quarterly  report  does not contain any untrue
   statement of a material fact or omit to state a  material fact  necessary  to
   make the statements made, in light  of the  circumstances  under  which  such
   statements were made, not  misleading  with respect to the period covered  by
   this quarterly report;

3. Based  on  my  knowledge,  the  financial  statements,  and  other  financial
   information included in this quarterly report, fairly present in all material
   respects the financial condition, results of operations and cash flows of the
   registrant as of, and for, the periods presented in  this  quarterly  report;

4. The   registrant's  other  certifying  officer  and  I  are  responsible  for
   establishing and maintaining  disclosure  controls and procedures (as defined
   in Exchange Act Rules 13a-15(e) and 15d-15(e))for the registrant and we have:

   (a)  Designed  such  disclosure  controls  and  procedures  to  ensure   that
        material  information  relating   to   the  registrant,   including  its
        consolidated subsidiaries,  is made  known to us by  others within those
        entities,  particularly  during  the  period  in  which  this  quarterly
        report is being prepared;

   (b)  Evaluated the  effectiveness of  the  registrant's  disclosure  controls
        and procedures and presented in this report  our conclusions  about  the
        effectiveness of the disclosure controls and  procedures, as of the  end
        of the period covered by this report based on such evaluation; and

   (c)  Disclosed  in this  report  any  change in  the   registrant's  internal
        control over financial reporting that occurred  during  the registrant's
        most  recent   fiscal  quarter  that  has  materially  affected,  or  is
        reasonably  likely  to  materially  affect,  the  registrant's  internal
        control over financial reporting; and

5. The registrant's other certifying  officer(s) and I have disclosed,  based on
   our most recent evaluation of internal control over financial  reporting,  to
   the  registrant's auditors and the audit committee of the registrant's  board
   of directors (or persons performing the equivalent functions):

   (a)  All  significant  deficiencies  in the design or operation  of  internal
        controls  which could  adversely  affect  the  registrant's  ability  to
        record,  process,   summarize   and   report  financial  data  and  have
        identified for the  registrant's  auditors  any  material  weaknesses in
        internal controls; and

   (b)  Any fraud, whether or not material,  that  involves management or  other
        employees who have a  significant  role  in  the  registrant's  internal
        control over financial reporting.

Date:   January 10, 2006




/s/ Thomas J. Riha
------------------
Senior Vice-President - Chief Financial Officer of WNC & Associates, Inc.
#### MARY A. BURNHAM, Respondent, *v*WILLIAM S. DOUGLASS, Appellant.

Judgment reversed, new trial granted, costs to abide event.

Opinion by

Learned, P. J.
###### Editorial Note on Part 300

#### Editorial Note:

Nomenclature changes to part 300 appear at 64 FR 44431, Aug. 16, 1999, and at 76 FR 59305, Sept. 26, 2011.

#### § 300.210 Purpose and scope.

This subpart implements provisions of the Western and Central Pacific Fisheries Convention Implementation Act (Act) and applies to persons and vessels subject to the jurisdiction of the United States.
Editorial Note on Part 622
Editorial Note: Nomenclature changes to part 622 appear at 79 FR 57837, Sept. 26, 2014 and at 81 FR 32253, May 23, 2016.

§ 622.486 Spiny lobster import prohibitions. ( a ) *Minimum size limits for imported spiny lobster.* Multiple minimum size limits apply to importation of spiny lobster into the United States—one that applies any place subject to the jurisdiction of the United States other than Puerto Rico or the U.S. Virgin Islands, and more restrictive minimum size limits that apply to Puerto Rico, St Croix, and St. Thomas and St. John, respectively. ( 1 ) No person may import a spiny lobster with less than a 6-ounce (170-gram) tail weight into St. Croix. For the purposes of paragraph (a) of this section, a 6-ounce (170-gram) tail weight is defined as a tail that weighs 5.9-6.4 ounces (167-181 grams). If the documentation accompanying an imported spiny lobster, including but not limited to product packaging, customs entry forms, bills of lading, brokerage forms, or commercial invoices, indicates that the product does not satisfy the minimum tail-weight, the person importing such spiny lobster has the burden to prove that such spiny lobster does satisfy the minimum tail-weight requirement or that such spiny lobster has a tail length of 6.2 inches (15.75 cm) or greater or that such spiny lobster has or had a carapace length of 3.5 inches (8.89 cm) or greater. If the imported product itself does not satisfy the minimum tail-weight requirement, the person importing such spiny lobster has the burden to prove that such spiny lobster has a tail length of 6.2 inches (15.75 cm) or greater or that such spiny lobster has or had a carapace length of 3.5 inches (8.89 cm) or greater. If the burden is satisfied, such spiny lobster will be considered to be in compliance with the minimum 6-ounce (170-gram) tail-weight requirement.
( 2 ) See § 622.409 regarding the minimum size limit that applies to spiny lobster imported into any place subject to the jurisdiction of the United States other than Puerto Rico or the U.S. Virgin Islands.
( 3 ) See subparts S and U of this part for the minimum size limits that apply to spiny lobster imported into Puerto Rico and St. Thomas and St. John, respectively.
( b ) *Additional spiny lobster import prohibitions* — ( 1 ) *Prohibition related to tail meat.* No person may import into any place subject to the jurisdiction of the United States spiny lobster tail meat that is not in whole tail form with the exoskeleton attached.
( 2 ) *Prohibitions related to egg-bearing spiny lobster.* No person may import into any place subject to the jurisdiction of the United States spiny lobster with eggs attached or spiny lobster from which eggs or pleopods (swimmerets) have been removed or stripped. Pleopods are the first five pairs of abdominal appendages.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-19-00700-CV

In re Patricia Lux Graham and Terrell Graham

ORIGINAL PROCEEDING FROM COMAL COUNTY

M E M O R A N D U M O P I N I O N 

The petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

__________________________________________

Gisela D. Triana, Justice

Before Chief Justice Rose, Justices Baker and Triana

Filed: January 24, 2020
Exhibit 32.2




CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




I,
Margaret V. Russell, Chief Financial Officer of Biophan Technologies, Inc. (the
"Company"), certify to the best of my knowledge, based upon a review of the
Quarterly Report on Form 10-Q for the period ended November 30, 2008 of the
Company, that:




(1) the
Report fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and




(2) the
information contained in the Report, fairly presents, in all material respects,
the financial condition and results of operations of the Company.





Date:
      January 20, 2009/s/
      Margaret V. RussellMargaret
      V. Russell
                  Chief
      Financial Officer